Form 27-19

For a motion for postjudgment receivership to accompany the order, see form 27-18 in this chapter. See Tex. Civ. Prac. & Rem. Code § 31.002 regarding the collection of judgments through a court pro­ceeding and section 27.88 for a discussion of receiverships.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order Appointing Receiver [and Compelling Discovery]

On [date] the Court considered Plaintiff’s Motion for Postjudgment Receivership. The Court, after hearing pleadings, evidence, and argument of counsel, finds that the motion should be granted and a receiver should be appointed to take possession of and sell the levi­able assets of [name of defendant], Defendant. The Court also finds that Defendant owns non­exempt property that cannot readily be attached or levied on by ordinary legal process, to wit [describe nonexempt property]. [Include if applicable: Notwithstanding any contrary lan­guage, this order does not compel turnover of Defendant’s homestead, checks for current wages, or other exempt property.]

It is therefore ORDERED that [name of receiver], whose address is [address, city, state], [telephone and fax numbers of receiver], is hereby appointed Receiver in this cause pursuant to Texas Civil Practice and Remedies Code section 31.002 with the power and authority to take possession of all leviable property of Defendant, including, but not limited to, the following nonexempt property:

1.all documents and records, including financial records, related to such property that is in actual or constructive possession or control of Defendant;

2.all financial accounts, certificates of deposit, money-market accounts, and accounts held by any third party;

3.all securities;

4.all real property, equipment, vehicles, boats, and planes;

5.all safe-deposit boxes or vaults;

6.all cash;

7.all negotiable instruments, including promissory notes, drafts, and checks;

8.all causes of action or choses in action;

9.all contract rights, whether present or future; and

10.all accounts receivable.

It is further ORDERED that all such property shall be held in custodia legis of Receiver as of the date of this order.

It is further ORDERED that, in addition to the powers of Receiver set forth herein, Receiver shall have the following right, authority, and power with respect to Defendant’s property, to—

1.collect all accounts receivable of Defendant and all rents due Defendant from any tenant;

2.change locks to all premises at which any property is situated;

3.direct the delivery of Defendant’s mail and the mail of any business of Defendant to Receiver’s address and open all mail directed to Defendant and any business of Defendant;

4.endorse and cash all checks and negotiable instruments payable to Defendant, except paychecks for current wages;

5.hire a real estate broker to sell any real property and mineral interest belonging to Defendant;

6.hire any person or company to move and store the property of Defendant;

7.insure, but without the obligation to insure, any property belonging to Defendant;

8.obtain from any financial institution, bank, credit union, credit bureau, savings and loan, title company, or any other third party any financial records belonging to or pertaining to Defendant;

9.obtain from any landlord, building owner, or building manager where Defendant or Defendant’s business is a tenant, copies of Defendant’s lease, lease application, credit application, and payment history and copies of Defendant’s checks for rent or other payments;

10.hire any person or company necessary to accomplish any right or power under this order; and

11.take all action necessary to gain access to all storage facilities, safe-deposit boxes, real property, and leased premises wherein any property of Defendant may be situ­ated and to review and obtain copies of all documents related to the property.

It is further ORDERED that, in addition to the powers of Receiver set forth herein, Receiver shall have the right, authority, and power to request and obtain from all providers of utilities, telecommunications, telephone, cell phone, cable, Internet, database, Internet Web site hosting, satellite television, and all similar services, including Internet blogs and chat rooms, discovery compelling the production of any information regarding Defendant’s pay­ments, payment history, and financial information, including account information, telephone numbers, names, service addresses, telephone numbers, IP addresses, call detail records, pay­ment records, and bank and credit card information. This order specifically serves as the court order required by 47 U.S.C. § 551 and satisfies all obligations of the responding party to obtain or receive a court order before disclosing material containing personally identifiable information of the subscriber or customer.

It is further ORDERED that any sheriff or constable of any county of this state and their deputies and any other peace officer of this state are hereby directed and ordered to assist Receiver in carrying out his duties and exercising his powers hereunder and to prevent any person from interfering with Receiver in taking control and possession of the property of Defendant, without the necessity of a writ of execution. Receiver is authorized to direct any constable or sheriff to seize and sell property under a writ of execution.

It is further ORDERED that Defendant immediately turn over to Receiver within five (5) days of Defendant’s receipt of a copy of this order (1) the documents contained in Exhibit [exhibit number/letter] attached hereto, (2) all documents and financial records that may be requested by Receiver, and (3) all checks, cash, securities, promissory notes, documents of title, and contracts owned by or in the name of Defendant.

It is further ORDERED that Defendant identify and turn over to Receiver all interests of Defendant in any business or venture and all agreements, stock certificates, and other docu­ments pertaining to Defendant’s ownership in the business or venture.

It is further ORDERED that Defendant continue, until the judgment in this cause is fully paid, to turn over to Receiver at Receiver’s address all checks, cash, securities, promis­sory notes, documents of title, and contracts within three days of Defendant’s receipt and pos­session of such property if, as, and when Defendant comes into receipt and possession of any such property. Paychecks for current wages are exempt from this order.

It is further ORDERED that Defendant shall fully answer, within thirty days, postjudg­ment interrogatories previously served.

It is further ORDERED that Plaintiff recover against Defendant judgment in the sum of $[amount] as additional attorney’s fees for the presentation of this motion.

It is further ORDERED that Receiver post bond in the amount of $[amount] payable to this Court and conditioned on the faithful discharge of Receiver’s duties in accordance with this order. Receiver’s fee is taxed as costs against Defendant. Receiver is FURTHER ORDERED to take the oath of his office.

It is further ORDERED that Receiver shall not disburse to Plaintiff funds or proceeds from property sold by Receiver without Defendant’s written consent or order of this Court.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

   
[Name]
Attorney for Defendant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]